The court upheld the principle that genuine compromises in matrimonial disputes can lead to the quashing of criminal proceedings under IPC, provided they are verified by the court.

JUDGMENT :

Vikas Budhwar, J.

1. Heard Sri Om Prakash, learned counsel for the applicants and Sri S.K. Singh, learned A.G.A. for the State as well as Shri Azad Khan, counsel for opposite party no. 2 in both the applications.

2. The applicant herein has filed the present application u/s 482 Cr.P.C. for quashing of the entire criminal proceeding against the applicant arising out of Complaint Case No. 549 of 2017 (Smt. Majda Khatoon Vs. Arif and others), under Sections 498-A, 323, 504, I.P.C., police station Kotwali Rath, District Hamirpur, pending before the Judicial Magistrate, Rath, District Hamirpur as well as summoning order dated 04.06.2018.

3. The leading application had been preferred for quashing of the summoning order dated 04.06.2018 as well as the entire proceedings in Criminal Complaint Case No. 549 of 2017 under Sections 498-A, 323, 504 of IPC by the applicant-Arif Khan, however, the connected application has been preferred by Arif Khan along with five others with the same relief.

4. In the connected application, on 02.08.2018, the following orders were passed:

"Heard Sri Om Prakash, learned counsel for the applicants and Sri Gaurav Pratap Singh, learned brief holding for the State.

This application under Section 482 Cr.P.C. has been filed for quashing the proceedings of Complaint Case No.549 of 2017 (Smt. Majda Khatoon Vs. Arif and others), under Sections 498-A, 323, 504, I.P.C., police station Rath, District Hamirpur, pending before the Judicial Magistrate, Rath, District Hamirpur as well as summoning order dated 04.06.2018.

The marriage between applicant no.1 and the daughter of opposite party no.2 was solemnized 12 years back.

After having very carefully examined, the submissions made by the learned counsel for the applicants and perused the material brought on record, I find that applicant no.1 is concerned, there is no justification for quashing the prosecution of the aforementioned case.

The prayer to that extent on behalf of applicant nos.1, namely, Arif Khan is hereby refused.

So far as applicant nos. 2 to 6 are concerned, it has been contended by learned counsel for the applicants that they are the family members of applicant no.1 and the allegation levelled against them are wholly vague and no specific allegation has been levelled against them. Learned counsel for the applicants has placed reliance on the judgment of the Apex Court in the case of Geeta Mehrotra Vs. State of U.P. and others, 2012 (10) ADJ 464.

Notice on behalf of opposite party no. 1 has been accepted by learned A.G.A. Issue notice to opposite party no.2 returnable within four weeks at the address given in the application.

Opposite party no.2 may file counter affidavit within four weeks. Learned A.G.A. may also file counter affidavit within the same period. Rejoinder affidavit may thereafter be filed within two weeks.

List immediately after expiry of the aforesaid period before appropriate Bench.

Till the next date of listing, further proceedings of the aforesaid case against nos.2 and 6, namely, Jalilurrahaman, Smt. Shahjahan Begum, Khalid Khan, Smt. Farjana and Jahangir Shekh, shall remain stayed.

It is made clear that proceedings of the present case shall go on against the husband of opposite party no. 2, if there is no legal impediment."

5. On the matter being compromised between the parties, Arif Khan who had earlier preferred the connected application, preferred the leading application in which on 04.01.2024, the following orders were passed:

"1. Supplementary affidavit filed by learned counsel for the applicant today in Court is taken on record.

2. Heard learned counsel for the applicant, learned AGA for the State and perused the record.

3. Learned counsel for the applicant has submitted that opposite party no.2 is wife of the applicant and on account of matrimonial discord, the present criminal case was instituted against the applicant, however subsequently, with the intervention of respected members of both the families, the parties have amicably and